Here is the nutshell version of this post: Do Not Blow.
There are only a few specific sets of facts and circumstances where our office would recommend you go ahead and take the breathalyzer test. We have outlined our reasoning with each of these scenarios below.
For those of you wishing to read the reasoning of experienced defense attorneys who know and understand things like gas chromatography, blood discovery, and more, read on…
Scenario 0: I blew. Did I blow it?
No. If you already blew, it’s ok. Call our office as soon as possible to set up your consultation, and we will be able to continue to work towards the best possible outcome on your case. Even if you blew over the legal limit, we can still help. The breath testing device is inherently unreliable and often times there are problems with the results. The sooner you call Jon Stephenson Law, the better!
Scenario 1: You are, beyond a shadow of a doubt, completely sober.
This is the only scenario where blowing might actually end up helping you. If you are not a drinker or you have had absolutely nothing to drink in days, you don’t ever partake in other highs that don’t consist of life, and you are not taking medications that could have intoxicative effects, then by all means blow away. This could be your ticket out of custody and back on down the road… But ONLY if you’re completely sure you’re completely sober.
Scenario 2: You haven’t had anything to drink, but you may have partaken in other chemical stimulation, including a drug which you were legally prescribed.
Don’t blow. Blowing into the breathalyzer device may give the police license to perform other examinations, including drug-recognition field sobriety tests and blood toxin screens. Now they can more accurately assess any and all chemicals in your system. Time is our friend, here, because the longer it takes police to get a warrant to draw your blood, the longer your body has to metabolize the substances, therefore the less substance in your system at the time. If this is you, call Jon Stephenson Law for your free consultation today.
Just because you were prescribed a drug does not mean that it does not have intoxicating effects. Prescription drugs can be a source of intoxication, and it is important that you heed labels accordingly. If you find yourself in a situation where you drove with a potentially intoxicating legally-prescribed drug in your system, call Jon Stephenson Law to handle your case.
Scenario 3: You have only had one or two drinks, and you do not think you are over the legal limit.
Believe it or not, one or two drinks can put many people at or even above the legal limit. The legal limit is pretty low, and the last thing we want you to do is blow your way into a conviction. Jon Stephenson Law recommends that you refuse a breath test in this situation.
Again, this is a scenario when time is truly on your side. The longer you go before a blood draw, the lower your BAC (Blood Alcohol Content) will be and the better you will fare in your case. Of course, the prosecutor will use a formula to extrapolate your BAC at the time you were pulled over or detained at the scene of an accident, but this is a very exact calculation, and every person’s body is different. It is the opinion of Jon Stephenson Law that it is better to try to wait and get a lower number than to blow a higher initial number.
Scenario 4: You have had [insert number greater than three] drinks and know you’re pretty buzzed, or that you’re outright intoxicated.
Do not blow. The longer we can wait for a blood warrant, the better you will ultimately fare. The lower your number at test time, the more chance you have of your case, even if it is a conviction, later being subject to an order of non-disclosure (or, in layman’s terms, sealed from public view). The longer you wait to be tested in a situation you know you are intoxicated, the better.
Current law in Texas allows for non-disclosure of certain DWI convictions after completing certain requirements. One of these requirements is that you do not have an alcohol concentration level higher than 0.15 . The longer you wait to have your blood alcohol content determined, the lower it may be. Therefore, you increase the chances that if you are convicted of a DWI, you can later have it sealed from public view by not blowing and forcing the police to get a warrant and draw your blood.
If you’ve found yourself in a tough spot, call us at Jon Stephenson Law to set up your free consultation.